326.973 

St82r 

1839f 


KTtbHySmvEL, 

EM  SLAVE  CASE 
IS59 

wokcester 

I6S9  ^ 


9 


\ 


CENTRAL  CIRCULATION  AND  BOOKSTACKS 

The  person  borrowing  this  material  is  re- 
sponsible for  its  renewal  or  return  before 

the  Latest  Date  stamped  below.  You  may 
be  charged  a minimum  fee  of  $75.00  for 
each  non-returned  or  lost  item. 

Theft,  mutilation,  or  defacement  of  library  materials  can  be 
causes  for  student  disciplinary  action.  All  materials  owned  by 
the  University  of  Illinois  Library  are  the  property  of  tho  State 
of  Illinois  and  are  protected  by  Article  16B  of  f/lino/s  Criminal 
Law  and  Procedure. 

TO  RENEW,  CALL  (217)  333-8400. 

University  of  Illinois  Library  at  Urbona-Champoign 


tW  0 1 2000 


When  renewing  by  phone,  write  new  due  date 
below  previous  due  date.  L162 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/reportofholdensl00stra_0 


IIVT  RODUCTIOIV. 


In  the  present  state  of  our  country,  every  fact  whiVK 
has  a d.rect  or  even  indirect  and  remote  bearin  J’on 
momentous  subject  of  American  Slavery,  is  of  some  im 

port^ance  Few,  if  any  of  our  Norther/’citizens  ^roS 

to  hold  slavery  m any  other  estimation  than  the  uro- 
foundest  abhorrence  ; and  yet,  it  is  undeniable  that  v^erv 
many  either  tolerate  its  existence  in  silence,  or  exer^ 
but  a very  inadequate  influence  for  its  removai 
Abstract  Slavery  every  one  abhors  ; but  of  slavery  as 
It  exists  so  little  IS  even  yet  known  that  most  seem  to 
regard  it  as  mainly  a nominal  evil,  and,  therefore  e^ne 
lence  very  hule  sympathy  with  those  who  are  calFed 
slaves.  To  dissipate  this  darkness  and  overcome  ibis 
Sm’  ®ohghtened  and  active  friends  of  the  slave 
ou  ht  to  stand  ready  to  seize  upon,  and  skilfully  use  such 
facts  as  are  evolved  by  the  providence  of  God  adaoted 
necessary  operation  of  the  ’inhuman 

particular  allusion  is  made  are  the  followino-.  ° ^ 

iUxists  natural  operation  of  the  system  of  slavery  as 
tLns  of  domestic  and  social  rkl 

to  reside^  community  among  whom  these  persons  went 


4 


There  ere,  also,  ex“mp“'the  a^a?: 

counted  for  m Eames  touching  the  health  of  the 

“"TheTblg  overfaTed  “h°e  elverity,  with  whioh 

triv^^^  called  “crimes,”  was  inflict- 

punishment  lor  tnv  Utevavy  and  religious 

ed  ; and  the  her  stay  in  Holden. 

education  of  Anne  in^  important  it  is  that  the 

■^.h'of  New  Said  reieWe  earl/ and  full  inatruCion 
youth  ot  JNew  Ji.ngi  of  slavery  ; and  how  m- 

in  the  true  citizens  of  the  North  as  have 

timately  .^ith  the  evils  of  the  system  ; and 

relatives  at  ^^ou^h  with^t  gj 

how  liable  are  the  w , even  with  favor.  It  is 

with  moderated  nersoiis  in  New  England, 

well  known  that  other  professors  of  the 

among  whom  are  mm  ^ tj^is  moment,  so 

benign  ''f  Sou^h  and  ‘tot  these  persons  al- 

connected  with  the  . I interference  with 

most  oniformly  stand  alool  iron^ 

this  foulest  of  as  “ fanatical  andincen- 

5?’"  'rmid'“«iy  effoft  made  to  awaken  the  people 
diary  and  mad,  anhipct  It  was  under  the  con- 

to  a consideration  “/‘‘‘e  subject  it  aoatribute 

eiction  that  the  f important  topics  be- 

to  undeceive  our  that  the  publish- 

longing  to  the  Sf®?'  ®“  iugi,  the  following  Report, 
ers^ere  Remark,  that  the  Re- 

And  here  it  may  be  imp 

port  may  be  relied  the  time  by  a reporter  and 

piled  from  minutes  taken  Counsel  for  the  defend- 

SoseofthcHon.  ^harl^  . 

ants.  Mr.  Allen  of  the  points  in  evidence 

ers  with  a succinct  ^ established,  if  the 

which  would  have  District  Attorney,  when 

rS'fo^r^n  w^nesse,  on  the  defence 

^tuw  o^'^ilSSevin,  bei^ 

believed,  being  the  first  trial  un  It,  t P 

is  deemed  of  the  more  ‘<”P»«““  “ this  law  « 

Neither  should  it  Xed  persons  from 

extend  to  ever, 

class  of  the  people. 


COMPILER- 


R EPORT. 


The  case  of  Commonwealth  t><.  Samuel  Stratton, 
Samuel  Foster,  .Tames  E.  Cheney,  and  Farnum  White, 
Jun  who  were  charged  in  the  indictment  with  a conspt- 
racy\o  defraud  Olivia  Eames  of  Holden,  of  the  voluntary 
services  of  her  servant  girl,  named  Anne,  without  her 
consent, — came  on  in  the  Court  of  Common  Pleas,  la  flji® 
town,  (Worcester)  on  Tuesday,  January  29th,  1839, 
Judf^e  Strong  presiding.  Pliny  Merrick,  ^q.,  District 
Attorney,  conducted  the  prosecution  ; and  Charles  Al- 
len, Esq.,  appeared  for  the  defendants. 

Mr.  Merrick,  in  opening  the  case,  stated  that  Mrs. 
Eames,  the  party  aggrieved,  was  a native  of  Worcester 
County — that  she  was  married  to  Mr.  Lames,  also  a na- 
tive of  this  County,  who  a few  years  since  removed  with 
her  to  New  Orleans.  There  he  acquired  some  property, 
and,  among  other  articles,  came  in  possession  of  a num- 
ber of  slaves.  In  1837,  he  died;  after  which,  Mrs. 
Eames  sold  her  property,  excepting  the  girl  Anne,  then 
12  or  13  years  of  age.  She  was  retained  as  a house  ser- 
vant and  nurse  ; and  accompanied  Mrs. 
capacity,  on  a visit  to  Mrs.  Eames’s  friends  in  Grafton  and 

Holden,  in  Massachusetts.  c*  ,.Lx>xxr<>. 

Of  course,  as  soon  as  she  came  hnd 

as  free  as  any  native  born  citizen  of  this  State,  and  had 

the  right  toJemain  with  or  leave  her  mis  ress  as  she 

saw  fit.  The  highest  tribunal  has  decided  that,  if  a per- 
son come  here  on  business  or  pleasure,  S » 

the  slave  becomes  fiee.  u,. 

In  the  session  of  1837,  an  pJ 

the  Legislature  of  this  State.*  By  that  act  “oy  person 
is  entitled  to  the  Writ,  unless  indicted  for  ®o'^®  ®^®J®®|. 
He  may  go  to  the  Clerk  and  demand  it.  No  power  ot 

• Sea  Raid  Act  at  the  end  of  this  Report 


6 


7 


Attorney  is  to  be  required  and  no  express  form  is  neces- 
sary. Any  person  for  and  in  behalf  of  the  plaintiff  may 
sue  out  this  writ. 

If  Mrs.  Eaines  did  innprisf)n  her,  she  might  be  brought 
into  Court,  and  she  might  apply  to  the  Court  for  security. 
But  the  allegation,  in  "the  indictment,  is,  first,  that  Anne 
was  not  restrained  of  her  liberty  at  ‘til.  Anne  was  there 
voluntarily.  She  did  not  suppose  that  her  liberty  was  in- 
frineed.  Yet  the  defendants  sued  out  the  writ,  while 
there  was  no  duress.  It  is  alleged  that  Anne  had  no 
knowlediie  of  the  writ.  This  is  an  offence,  and  it  is  the 
offence  charged  in  the  indictment.  No  persons,  claiming 
to  be  the  friends  of  Anne,  had  a right  to  sue  out  this  writ, 
without  her  consent.  Still,  we  must  be  careful  not  toin- 
fringe  cn  the  rights  of  minors.  Few,  if  any,  children  of 
those  who  are  educated,  know  any  thing  of  the  writ  of 
personal  replevin,  much  less,  one  brought  up  in  bondage. 
If  Anne,  in  any  way  intimated  a desire,  directly  or  indi- 
rectly, that  aid  in  some  form  should  be  granted,  the  de- 
fendants are  not  only  excused  but  justified.  If  it  was 
done  without  her  knowledge  or  consent,  the  defendants 
are  liable,  Anne  not  being  in  bondage.  Undoubtedly,  the 
defendants  understood  and  believed  that  it  was  the  pur- 
pose of  Mrs.  Fames  to  carry  Anne  back  to  Louisiana, 
where  she  would  be  in  bondage  The  defendants  thought 
this  was  wicked,  and  the  dictates  of  humanity  required 
that  they  should  interfere.  But  the  motive  maybe  good, 
and  yet  the  laws  must  not  be  violated  from  such  motives. 
Some  think  the  business  of  distillation  is  pernicious. 
Now,  suppose  a philanthropist  should  think  that  a labor- 
er in  the  distiller’s  employ  was  endangering  his  health 
and  his  soul,  and  should  sue  out  this  writ,  for  the  pur- 
pose of  removing  the  laborer  from  the  service  of  the  dis- 
tiller. The  motive  would  be  good,  but  the  act  would  be 
a violation  of  the  law.  So,  if  a slave  should  be  brought 
here,  and  prefer  to  go  back  into  slavery,  we  have  no 
right  to  prevent  it.  It  was  so  with  Anne.  She  had  a 
right  to  return  and  be  a slave.  The  offence  charged  is  the 
contpiracy.  No  subsequent  ratification  by  Anne  could  jus- 
tify the  act  of  the  defendants.  If  the  defendants  did  de- 
sign to  take  Anne  and  educate  and  christianize  her,  if  she 
did  not  desire  it,  though  she  afterwards  ratified  it  and 
blessed  God  for  their  efforts,  still  the  defendants  would 
not  be  justified.  Instances  have  occurred  in  this  Common- 
lUaUhy  tehere  individuals  having  had  their  freedom  here,  and 


having  been  treated  kindly,  have  voluntarily  gone  back  into  sla- 
very. 

We  should  proceed  in  this  trial  as  we  do  in  other  tri- 
als, whatever  are  our  sentiments  on  the  subject  of  sla- 
very. I hope  no  prosecutor  will  be  found  who  will 
abridge  the  right  of  personal  liberty.  If  these  individuals 
were  actuated  by  philanthropic  motives,  these  things 
will  be  considered  by  the  Court.  I enter  on  my  duties 
with  feelings  neither  elevated  nor  depressed.  r 

Mr.  Merrick  exhibited  the  Writ  above-named,  dated 
Sept.  7,  1838,  and  a bond  signed  by  S.  Stratton,  S.  Fos- 
ter, and  James  E.  Cheney,  and  witnessed  by  Farnum 
While,  Jun. 

He  then  called  upon  Charles  Allen,  Esq.,  who  testi- 
fied, that  Samuel  Stratton  and  Elnathan  Davis  applied 
for  a writ  of  personal,  replevin  two  or  three  days  before 
date  of  the  writ.  They  said  that  Mrs.  Fames  had  in  her 
custody  a Slave,  brought  from  the  South,  whom  she  in- 
tended to  carry  back  and  sell — they  did  not  like  to  lake 
the  girl  by  force  from  Mrs.  Fames,  but  wished  to  do  it  in 
a legal  way.  He  understood  from  them  that  the 
girl  desired  her  liberty.  He  told  them  of  the  legal  rem- 
edy— had  several  interview's  with  them — the  writ  was 
made  out  under  his  direction,  and  the  bond  was  written 
by  him,  but  not  executed  at  his  office.  Mr.  Foster  called 
to  see  about  signing  the  bond  as  surety. 

Mrs.  Olivia  Fames  being  sworn,  testified,  that  she 
spent  the  summer  of  1838  in  Holden  and  Grafton.  Her 
mother  is  Mrs.  Betsy  Sherman  of  Holden.  She,  (Mrs. 
E.)  came  to  New  York  in  1837,  and  to  Holden  in  May, 
1838.  Her  husband  was  Lowell  Fames,  formerly  ofUp- 
ton.  He  went  to  New  Orleans  in  1835,  and  died  there  in 
1837.  Anne  was  in  her  employment  as  her  slave,  and  all 
the  time,  since  she  left  NewOrleans,  she  never  knew  her 
to  express  a wnsh  to  leave  her,  in  any  instance.  Anne 
often  expressed  a loish  to  return  to  JSTew  Orleans.  I proposed 
to  leave  my  babe  at  the  North.  Anne  tcanted  to  go  back — 
was  14  years  old  then.  I was  in  Holden  at  my  father’s 
house.  Anne’s  employment  was  to  take  care  of  my  child, 
and  to  go  of  errands  ; went  to  the  neighbors  freely,  some- 
times went  with  the  babe.  I was  absent  from  home  occa- 
sionally ; don’t  keep  house  ; none  of  the  family  were  at 
home  but  my  mother,  and  a brother  10  years  old,  and  a 
brother  7 years  old.  Mr.  Flagg  lived  in  the  house  at 
that  time.  Mrs.  Flagg  was  at  home.  I saw  Stratton, 


8 


Foster,  Cheney,  White,  and  Hinds  at  Judah  Wright’i 
first.  When  F.  White  passed  the  house,  the  girl  was  m 

the  garden  picking  apples.  Jim  w 

housi  and  went  to  go  where  the  girl  had  been,  but  she 
had  come  to  the  house.  I went  out  to  see  what  they 
were  looking  after — did  not  think  it  was  the  hlack  girl. 
Cheney  came  to  the  door  and  asked  for  mother-I 
asked  them  to  sit  down — Hinds  said  that  he  understood 
that  I had  a colored  girl  in  my  possession— I said  I had^ 
he  said  that  he  had  come  to  take  her  away.  I told  him  I 
could’nt  help  it,  he  couldn’t  have  her.  He  said  he  had 
authority  to  take  her,  and  read  a paper.  I told  him  1 
didn’t  know  any  thing  about  il;— didn’t  care  who  author- 
ized him — he  had  no  right  to  take  her.  He  asked  to  see 
her  I told  him  she  was  in  the  back  room— went  to  call 
her.  He  followed.  1 went  for  her,  but  she  wasn’t 
there.  I went  up  chamber — Anne  was  out  back  with  my 
child.  Hinds  and  Jim  Cheney  were  attending  to  their 
business  the  best  way  they  could.  I called  her  in,  told 
her,  Mr.  Hinds  wanted  to  speak  to  her — Hinds  asked  her 
age,  she  did’nt  know — he  asked  me,  but  didn’t  find  out 
he  said  to  Anne,  will  you  go  with  me  r She  said,  no. 
Mr.  Hinds  patted  her  on  her  head — told  her  he  would  not 
hurt  her— he  would  take  her  to  Worcester— Worcester 
is  a beautiful  place-  1 told  him  if  he  took  Anne  he  must 
take  me  and  the  child  too.  He  didn’t  seem  inclined  to 
take  us.  Cheney  went  out  and  came  back  with  Stratton 
and  Foster.  You  have  been  out  for  more  help,  I said  ; 
if  you  get  more  help  you  will  not  frighten  me.  Anne 
went  into  the  bed-room  ; Hinds  went  in  after  her,  and 
Jim  Cheney  next.  Anne  began  to  cry — Hinds  ^told  her 
not  to  be  frightened,  and  like  of  that — coaxing  her. 
Hinds  told  me  to  take  the  child.  I wouldn’t  take  it,  and 
mother  wouldn’t.  Then  Mrs.  Flagg  took  it,  so  he  ^ot 
rid  of  it.  He  asked  for  pen  and  ink — refused.  F . White 
brought  in  pen  and  ink.  I took  hold  of  Anne,  and  Anne 
took  hold  of  me.  Sam  Stratton  was  in  the  room.  Che- 
ney was  called  back — said  they  had  help  enough,  but 
Hinds  commanded  him  to  assist.  Jim  Cheney  took  hold 
. of  me;  Hinds  took  me  round  the  waist.  Hinds  threw  me 
on  the  bed.  1 told  them  they  ought  to  be  in  better  busi- 
ness— they  were  insulting — they  separated  us.  Foster 
and  Stratton  were  trying  to  hold  a pen  in  Anne’s  hand  to 
make  her  make  her  mark — I don’t  know  nothing  what 
the  paper  was,  and  nothing  about  it.  I scrabbled  round 


I 


9 


Mdgol  away  from  Hinds— Anne  was  in  the  road  and 
Stratton  had  hold  of  her — I was  so  flustered  that  I did’nt 
see  Cheney,  guess  he  was  about  somewhere,  Foster  was 
writing  on  the  wall— went  to  see  what  he  was  up  to— 
look  hold  of  the  paper  and  pulled  it  away  from  him 
He  said  it  was  well  I didn’t  tear  that  paper,  I should 
have  had  to  ^o  to  State  Prison  during  my  life,  if  I had— 
I went  back  into  the  house  to  see  niy  child,  and  they 
carried  Anne  off.  Stratton  said  in  the  bedroom,  well,  well 
enough  has  been  said,  take  her  along.  I didn’t  see  her 
after  they  carried  her  off.  Saw  her  in  Grand  Jury  room 
have  not  seen  her  since.  When  at  the  table,  told  my 
brother  to  run  for  father  and  Mr.  Putnam.  I always 
lived  ill  Upton  till  I went  to  New  York  six  years  airo 
remained  there  till  1835.  ® ’ 

Examined  by  Mr.  Men. — Said,  Anne  went  out  with  oth- 
er children.  There  was  a school  in  the  neighborhood 

she  didn’t  go  to  school,  or  to  meeting  since  she  came 
from  Louisiana.  Her  principal  work  was  to  nurse  the 
child,  and  to  do  other  chores,  such  as  I chose  to  have 
her  do.  She  sometimes  went  to  Judah  Wright’s  and  o-ot 
a pail  of  water.  We  lived  at  the  top  of  the  hill,  and 
Wright  down  the  hill— it  was’nt  so  steep  a hill  as  I have 
seen— the  hill  is  there  and  you  can  see  it.  She  did  not 
bring  10  pails  of  v/ater  in  a day  — some  days,  not  any 
she  carried  it  on  her  head— I told  her  to,  as  she  could 
bring  it  easier,  she  was  most  used  to  that  way — didn’t 
see  her  spill  the  water. 

Question  was  then  put  to  Mrs.  Fames  by  Mr  Allen 
whether  she  intended  to  carry  Anne  back  a.s  a slave.’ 
This  question  was  objected  to  by  Mr.  Merrick,  who  re- 
marked-Mrs.  Fames  has  not  ventured  to  say  that  she  was 
in  her  voluntary  service.  Objection  was  overruled  by 
the  Court.  ^ 

Qmlion  by  Mr.  Alien. — What  did  you  intend  to  do  with 
her  . Ant.  / did  not  intend  to  compel  her  against  her  will. 

1 suppose  she  would  tell  me  what  she  wished.  I never 
cmidered  her  property,  after  / came  to  the  Morlh— never  called 
Mr  property  after  I came  into  this  free  country.  1 never 
jnade  no  application  to  any  one  in  New  Orleans  to  buy 
her  afterwards.  I gave  no  commission  about  (he  sale  of 
Anne  I had  no  negociations  to  sell  her  there,  when  she 
returned.  If  I went  back  to  live  in  New  Orleans,  I should 
set  very  much  by  her — I don’t  think  I said  I 
Should  carry  Anne  back.  It  was  my  intention  to  go  back 
3 


10 


11 


—I  don’t  know  that  I should  have  asked  her  consent  to 
carry  her  back— can’t  tell  what  1 should  do— should  car- 
ry her,  if  she  was  willing  to  go — I had  no  more  interest 
in  her  than  in  any  other — I always  set  by  her  I never 
told  her  she  was  a slave  or  free,  told  her  she  was  to  live 
with  sister  June,  if  I did.  Her  health  has  not  been  injur- 
ed hy  parrying  water  and  other  loads.  I don't  recollect  say- 
ing she  would  answer  rny  purpose  as  long  as  I wanted  her.  Mrs. 
Caldwell  said,  I had  better  call  a physician  and  do  some- 
thino-  for  her.  I didn’t  say  she  would  answer  long  enough 
for  my  use,  never.  I did  not  say  that  no  body  ever  heard 
of  sending  for  a doctor  fora  negro.  Hinds  took  me  in 
full  possession.  Scratch  9 Shculd'nt  think  strange  if  I did. 
Bite  ? They  know  best  if  they  got  bit. 

Col.  Hinds  called.— I made  service  of  the  writ  of 
personal  replevin.  I think,  I took  it  from  my  table,  Mr. 
Allen  did  not  furnish  me  with  the  form  of  a return,  when 

I took  the  writ.  t i l 

The  writ  and  bond  I took  together.  I went  to  Mr.  Judah 
Wright’s,  I think  Mr.  Cheney  went  with  me  to  Wright’s  ; 
neither  of  the  Def’ts  was  there  while  I was  there.  I 
stopped  at  the  door.  I saw  the  deft’s  first  at  Col.  Strat- 
ton’s. Found  Stratton,  Foster  and  Cheney  there.  My 
partner  told  me  to  call  there,  as  there  would  be  sureties 
there  to  sign  the  bond.  Bond  was  not  feigned  there.  1 
told  them  it  was  necessary  for  the  girl  to  sign  the  bond 
first.  The  next  I saw  Stratton  and  Foster,  they  came 
into  the  house  at  Mr.  Sherman’s.  I did  not  see  Anne 
make  her  mark  to  the  paper.  I saw  Foster  and  Stratton 
sign  their  names,  one  did  it  out  of  doors,  I am  not  sure 
but  both.  Anne  stood  in  the  road  close  by , when  Foster 
and  Cheney  signed  their  names.  Anne  was  pretty  much, 
alone.  I took  the  paper.  They  walked  down  to  Chen- 
ey’s. Stratton,  Foster,  and  Cheney  came  there,  no  one 
led  her.  She  walked  independently  by  herself.  I was  be- 
hind her.  There  was  a carriage  at  Cheney’s.  Foster, 
Stratton  and  Anne  were  in  the  carriage.  I took  the  paper. 
Asked  Anne  if  she  made  her  mark.  She  said,  she  did.  I got 
Mr.  White  to  witness  it.  She  sat  on  the  backseat.  Would 
not  be  seen  from  the  houses  as  she  passed.  I did  not 
hnow  where  she  was  going.  I told  her  she  was  going  to 
Worcester.  I told  Stratton  and  Foster,  they  must  take 
charge  of  her.  I don’t  recollect  making  arrangements 
with  Foster  and  Stratton  to  take  her,  before  I took  her 
from  Mrs.  Fames.  Mr.  Stratton  lived  2 1-2  or  3 miles  from 


there,  Mr.  Foster  1-2  a mile,  or  more,  farther.  They 
would  come  past  the  meeting-house  to  get  to  Stratton’s. 
I told  Anne  at  Mrs,  Eames’s  1 think,  that  she  was  goino-  to 
Worcester.  “ 

Cross  Examined.— 1 directed  Mr.  Foster  and  Stratton  to 
take  Anne  and  put  her  in  some  safe  place,  where  she 
would  not  be  taken  ^away  or  stolen.  We  weht  to  the 
house  of  Mrs.  Eames — were  invited  in — I inquired  for 
Mrs.  Eames.  Mrs.  Eames  came.  I asked  her  if  she  had 
a colored  girl  with  her.  She  said  she  had.  1 told  her  I 
came  to  take  her.  She  said  she  did  not  know  what  busi- 
ness 1 had  to  take  her  girl.  I told  her  I would  show  the 
authority.  I read  the  writ.  She  said,  I might  take  my 
writ  and  go  home — I should  not  have  the  girl.  I told  hep 
I was  bound  to  take  her  and  must  take  he'r.  I must  take 
her  at  all  events.  She  said  she  would  call  her.  She 
did  not  find  her.  We  walked  out  and  walked  round. 
Cheney  went  to  the  back-house  door — it  was  shut.  He 
called  ; Anne  answered.  I told  Anne,  I had  come  afterher 
to  carry  her  away.  I asked  her  if  she  wanted  to  go.  She 
droppedher  head,  and  said,  “ I don’t  know.”  Her  mis- 
tress spoke  and  said,  “ don't  know,  Anne  9 you  know  you  don't 
want  to  go."  Anne  made  no  reply.  Mistress  spoke  very 
quick.  I then  talked  with  Mrs.  Eames  some  time,  told 
her  to  be  quiet.  If  I did  what  1 ought  not,  she  would 
have  a bond  to  cover  all  expense.  After  trying  a great 
while  to  persuade  her  to  give  her  up  peaceably,  the  "irl 
went  into  a small  room.  I went  there— Mrs.  Eames  fol- 
lowed, and  took  the  girl  round  with  both  hands  and  held 
her  tight.  I asked  Mrs.  Sherman  to  take  the  child.  She 
would  not,  I took  the  child  myself,  and  Anne  let  go  of  it. 

1 stepped  into  the  kitchen.  I saw  several  youn^  ladies, 

I asked  one  to  take  it.  She  said  she  did  not  know  as  it 
would  answer.  I told  her  I would  stand  between  her  and 
harm.  She  took  it.  I stepped  back  into  the  little  room. 
Mrs.  Eames  still  stood  clinched  round  the  girl.  I called 
upon  her  to  give  her  up.  She  refused.  I took  hold  of  one  of 
Mrs.  Eames’s  hands,  and  Cheney  the  other.  Mrs.  Eames 
resisted  violently.  She  tried  to  bite  and  scratch.  Our 
throwing  her  on  to  a bed  must  be  a mistake.  It  must  be 
some  other  time  and  person.  There  might  have  been  a 
bed  111  the  room,  but  I think  there  was  not.  We  were 
there  an  hour  and  a half  trying  to  persuade  her.  I said 
every  thing  I could.  She  was  very  violent  the  whole  time,  f 
vised  as  little  violence  ar  nossible  to  effect  the  object. 


12 


She  clinched  at  the  paper  o«cc,  but  did  not  get  hold  of 
it  I was  close  by,  Foster  was  there  with  the  paper. 
She  was  out  at  the  wall,  1 think,  when  they  signed  the 
paper.  I heard  no  such  declaration  of  t oster  at  the  walL 
TlvL-d  no  such  declaration  of  Mr.  Foster  at  any  time  as, 
you  would  have  had  to  go  to  State  Prison,  &c.  If  such  a 
d^laration  was  made,  I must  have  heaid  it.  I was  very 
dose  to  Foster,  when  he  put  his  name  to  the  boniL  After 
Anne  had  left  her  mistress,  she  went  very  willing  y as 
perfectly  composed  and  calm.  She  walked  ^wn  cheerfully 
and  after  she  was  in  the  carriage,  she  appeared 

I told  Mrs.  Earaes  she  had  better  keep  the  bond  as  her 
security  Mr.  White  took  no  part  whatever  m this,  except 
going  after  ink.  I sent  Mr.  Cheney  to  get  ink 

Mr.  Cheney  came  without  the  being 

followed  with  iU  That  was  the  first  of  Mr.  «hite  s Deing 

at  the  house.  I don't  recollect  Mr.  Foster's  ’ 

He  had  the  paper  at  the  table,  that  was  the  fiistof  Mr.  o 
ter’s  having  ^aAy  thing  to  do.  Besides  tins,  I don't  know 

anv  thing  that  Mr.  Foster  did. 

I told  Mr.  Foster  and  Cheney  and  Strattw,  it  was  neces- 
sary for  them  all  to  sign  the  bomL  Mr.  White  witnessed 
the\ond,at  my  request.  Anne 
made  her  mark.  1 took  the 

the  pen  and  made  the  cross.  I asked  her  if  f ® ^ 
untarily  and  freely,  she  replied,  she 

presumed  an  effort  would  be  made  to  arre^  h^,  and  toW 

them  to  take  care  of  her.  Cheney  did  not 

by  my  command.  After  I told  him  he  must,  at  first  he 

rather  hesitated.  «iAi<l 

It  is  my  impression  that  Mrs.  Eames  ^epeate^y  said 

Anne  was  her  property,  but  I cannot  certainly  testify.  U 

“ Mr.  Edward  Me  m Worces- 

ter. I remember  Col.  Hinds  ; I went  first  to  Mr.  More^ 
in  Worcester.  I did  not  know  where  1 was  going.  I ca^ 
with  Mr.  Foster  and  Mr.  Stratton.  I had  ^en  Mr.  St^on 
at  Mr.  Cheney’s  house.  1 had  ne^r  spoken  ^ 
them.  I had  not  seen  Mr.  Foster  before  that  day.  I h^ 
been  at  Mr.  Cheney’s  house  alone.  It  * bt. 

before  I left,  I went  for  butter.  I ^“"ot  there  but  a W 
tie  while.  They  told  me  the  way  to  Mr. 

I came  from  New  Orleans  with  Mrs.  ^s.  ^ 

ways  lived  at  New  Orleans.  I washed  dishes  and  took  care 


13 


of  the  child.  Went  to  the  village,  went  for  whortleberries, 
sometimes  alone,  and  sometimes  with  the  children.  I wag 
in  Grafton  at  Mr.  Reuben  Eames’s  with  Mrs.  Eamea  1 us- 
ed to  take  care  of  George.  I did  not  go  to  the  neighbors 
there.  I went  with  the  children  to  one  house  in  Grafton. 
I never  sent  any  message  or  errand  to  Mr.  Foster  er  CoL 
Stratton.  I never  asked  any  one  to  ask  either  of  them  to  do 
any  thing  for  me.  I never  told  Mrs.  Eames  I wanted  to  go 
away  and  leave  her.  I was  in  the  house  when  Col.  Hinds 
and  the  other  men  came.  I knew  who  Mr.  Cheney  was — 
not  who  the  other  men  were.  I went  out  of  the  room. 

I had  never  put  my  name  or  made  my  mark  to  paper  before 
that  day.  There  was  a paper  on  the  table.  The  paper 
was  not  read  to  me.  Nobody  there  told  me  what  was  in 
the  paper.  Foster  put  a pen  into  my  hand.  Told  me  to 
mark  my  name  on  it.  I believe  I made  a mark  on  it.  I 
believe,  he  did  help  me  make  the  mark.  After  I left  the 
table,  I went  into  the  road.  I don’t  know  who  told  me  to 
go,  Mr.  Cheney  or  Mr.  Foster.  I went  to  Cheney’s  house. 
I believe,  Mr.  Foster  went  with  me.  I believe,  Mr.  Foster 
took  hold  of  my  hand.  I went  right  to  the  carriage.  Got 
into  it.  Mr.  Stratton  and  Mr.  Foster  went  with  me.  They 
went  to  Worcester.  When  I got  there,  it  was  dark. 

Cross  Examined. — ^I  believe,  it  was  Mr.  Foster  who  had 
my  hand,  I am  not  sure.  I went  from  Virginia  to  New  Or- 
leans. I was  employed  to  carry  water  from  Mr.  Wright’s — 
I carried  a great  many  pails  of  water  in  a day.  My  mistress 
told  me  to  carry  them  on  my  head.  My  mistress  told  me 
that  I was  thirteen  while  I was  at  Holden.  She  said  she 
meant  to  carry  me  back  to  New  Orleans  ageiin.  She  said 
she  was  going  to  sell  me  when  she  carried  me  there. 

Did  you  express  a wish  to  have  your  personal  liberty  ? 
Objected  to  by  Counsel  for  Government.  Though  it  was 
reported  to  the  defendants  that  she  wished  her  liberty,  her 
mind  might  have  cl}anged. 

No  person  has  a right  to  sue  out  the  writ,  unless  author- 
ized by  the  person  restrained  of  his  liberty.  When  a party 
is  restrained  of  his  liberty  he  is  entitled  to  the  writ.  No 
agencycan  be  created  but  by  the  act  of  the  principal.  The 
\5th  Section  of  the  law  provides  that  the  friends  may  sue 
out  this  writ.  A child  cannot  have  the  process  because  a 
bond  is  to  be  executed.  To  sue  out  a writ,  unless  a person 
18  imprisoned,  is  an  injury  to  him.  Suppose  Anne’s  condi- 


14 


tion  is  not  improved.  When  the  bond  was  given  by  Anne, 

it  was  of*  no  validity.  _ 

Tudoe  Strong  decided -Ix  is  not  necessary  meet  ^nd 
settle  all  the  difficulties  which  may  arise  under  this  Statute, 
inclined  to  the  opinion  that  the  Legislature  does  not 
that  any  person  must  have  an  implied  authonty-^but 

the  act  is  an  authority.  ri,  * 

Anne  resnmed.-l  expressed  a desire  to  have  my  liberty 
before  I was  taken  from  Holden.  I told  Miss  White  that  I 

wanted  to  be  free.  It  was  Henrietta  White.  I told  Mrs. 
W^n  I wanted  to  be  free.  Shfe  sits  back  by  the  door. 

My  mistress  knocked  me  across  the  head  with  the  toast- 
ing iron-my  mistress  lived  in  Holden,  when  she  struck 

J^^MoL'v^S.-^e  colored  girl  came  to  my  house. 
Mr.  Stratton  and  Mr.  Foster  brought  her  there— I did  not 
know  which  day  she  was  coming— Mr.  Stratton  and  anoth- 
er gentleman  told  me  she  was  coming.  It  was  two  or  three 
days  before.  After  she  arrived  at  my  house,  Anne  was  kept 
up  chamber  some  time.  Mr.  Stratton  thought  she  would 
be  more  contented  at  my  house,  than  with  people  who  were 
not  of  the  same  color.  They  wished  me  to  let  her  ^ to 
school— She  was  kept  in  my  chamber,  ive  were  afraid  she 

^°rNo-i?— The  witness  is  inquired  of  whether  there  were 
thrUts  in  the  community  of  a rescue.  The  question  is  ob- 
jected to— and  the  objection  is  sustained.] 

^ Mr.  Morey  resumed.— Anne  was  very  well  contented^ 
my  house.  She  said  she  desired  her  I was  not  di- 

reLd  to  restrain  or  seclude. her  ^"7 

cessary  for  her  protection.  Col.  Stratton  and  Mr  Elnatha  i 
Davis  offered  to  pay  the  expense  of  her 
Stratton  was  at  my  house  once  or  twice^aiinot  tell  wh 
er  the  same  person  was  with  him  second  time  m 

Mrs.  Betsey  Sherman  called.— I am  the  mother  of  M • 
Eames.  Mrs.  Eames  lived  with  me  at  the  village  and  on 

I ^recollect  the  time  when  Anne  was  put  d^n  cell^. 
She  did  something  worthy  of  punishment,  Mre.  Eames  tola 
her  to  go  down  cellar.  She  refused.  Mrs.  Eames  pu 
down.  One  or  the  other  hit  the  toasting  iron,  and  it  leii. 

She  made  much  ado  about  it. 

Before  Hinds  came  to  the  house,  I did  not  see  any  otner 


15 


person.  Cheiiey  and  Hinds  came  together.  Anne  was  in 
the  house.  She  had  been  after  apples.  Hinds  inquired  for 
Mrs.  Eames— I introduced  him  to  Mrs;  Eames.  They  went 
back  into  the  room.  He'  asked  Mrs.  Eames  if  she  had  a 
' colored  girl  in  her  possession.  She  said  she  had.  He  ask- 

ed, if  he  could  see  her.  She  said  he  could.  He  told  her 
‘ he  had  come  after  her.  She  asked  by  what  authority  he 
came  after  her  girl  ? She  told  Col.  Hinds  that  Anne  was 
as  free  as  any  person.  If  he  could  get  her  away  by  flatter- 
ing, she  was  willing  he  should.  She  went  out  to  look  for 
Anne.  Anne  came  in  through  the  kitchen.  Hinds  asked 
her  if  she  wanted  to  go  with  him.  She  said  NO,  sir.  He 
told  her,  Worcester  was  a pretty  place.  She  faced  the  plas- 
tering and  began  to  cry.  Hinds  took  the  babe.  I refused 
to  take  it.  He  carried  it  to  Mrs.  Flagg  in  the  other  room. 
He  came  back  and  went  into  the  bed-room.  Mrs.  Eames 
was  there.  Perhaps,  Cheney  was  there.  She  took  hold  of 
Anne  and  Hinds  took  hold  of  her.  They  were  all  hold  of 
each  other,  justling.  They  got  Anne  up  to  the  table  by 
pushing  and  pulling  along.  They  were  all  huddled  up  to- 
gether. Mrs.  Eames  Avas  thrown  on  a bed  in  the  kitchen. 
Fariium  White  brought  the  inkstand  in.  I saw  Stratton 
and  Foster  put  the  pen  into  her  hand,  and  take  her  hand 
into  his,  as  though  they  meant  her  to  write.  Nobody  told 
■ what  Avas  in  the  paper  in  my  hearing.  They  pushed  Anne 

j out.  Col.  Stratton  gave  me  a push  back,  as  I Avent  to  the 

door— left  a blue  mark  on  my  arm.  I Avent  down  to  the 
carriage.  I saAv  them  as  they  were  going  doAAm  to  the  car- 
riage. First,  one  had  her  arm,  and  then  the  other.  I saw 
a man  at  the  Avail,  Mr.  Foster.  He  had  a paper  and  pen. 
Mrs.  Eames  Avas  not  amongst  them.  I don’t  knoAV  that  I 
saw  her  at  the  Avail. 

I Cross  Examined. — I don’t  recollect  Avhat  Anne  had  done. 

I Anne  made  a fuss  about  it,  (the  toasting  iron.)  I think  she 
might  be  heard  at  Mrs.  White’s — I did  not  go  toAvards  the 
( cellar  at  all:  I did  not  leave  my  seat.  I dont  knoAv  Avhere 

I 1 was  sitting— I heard  the  toasting  iron  fall — All  I know 

) falling,  was,  I heard  it  fall.  Mrs.  Eames  Avas 

there  Avhen.the  toasting  iron  fell.  All  I knoAV  is,  the  toast- 
ing iron  fell  down  cellar  and  made  something  of  a racket. 

I cannot  sAvear  that  Mrs.  Eames  did  not  throAv  the  toasting 
iron  doAvn  cellar.  Anne  made  some  fuss  a minute  or  two, 
the  cellar  door  was  shut.  I should  not  think  she  Avas  doAvn 


16 


eell»r  over  Bfteen  minutes.  I eannot  tell  the  time.  I don’ 

mcoTlect  about  its  being  said  that  Mrs.  Eames  would  send 
Ci  r.  Sherman,  and  he  would  take  the  horse -wh.p  to  her. 
ThU  affair  was  when  Mrs.  Eames  first  came  to  Holden. 

1 did  not  like  it  very  much  to  have  people  come  in  as 
they  (the  defendants)  did.  It  cxcU^  s^te  W/ee*ngs. 

I think  Hinds  was  there  an  hour  and  a half  Mrs.  Eames 
Ld  Hinds  were  standing  alone,  arf  Hinds  threw  h«  on  a 
bed  At  that  time,  I was  not  doing  any  thing.  I dont 
know  as  Hinds  let  go  of  Mrs.  Eames  after  they  came  out  of 

the  bed-room  ^ f^Hf^ I am  sou  of  Le  Barron 

Geokge  Putnam,  « caunt.  ^ “ -fxr  ■ 

Putnam  When  Anne  was  taken,  I was  between  Wright  s 
1 saw  two  men  hold  of  her— one  hold  of 
Si"  I wLTthe  road.  They  did  not  go  by  me. 
were  a little  past  Mr.  Wright’s,  when  I first  saw 

^Tipth  I csLinc  from  _ _ _ 

Cross  Esxwtined.-^ChaxXes  Drury  was  with  me  Charles 

sot  there  a little  -first.  I don’t  know  how  far  I was  from 

Itratton’s  house.  They  were 

did  not  see  them  dragging  her.  I don  t know  that  I said 
they  wei«  dragging  her.  I think,  she  was  hanging  back  a 
little.  I did  not  notice  whether  they  were  walking  fast  or 
not.  I don’t  know  whether  she  was  hanging  ^ 

whether  they  were  walking  fast,  and  holding  her,  and  she 

Ireeninff  upas  well  as  she  couliL 

Thomas  Randaix  called.— I was  near  Mr.  Str^ton’ 
when  Anne  went  away.  I was  between  Strattons  and 
Wright’s ; not  more  tlian  2 rods  from  Stratton  s.  ^ 

person  hold  of  each  hand  of  Anne  ^ ^'^d'Jof^  Mr' 

I cannot  tell  who  they  were.  They  w^  tins  of  Mr^ 
Wright’s,  iMJtween  Wright’s  and  Stratton’s.  I followed 
down  a little  way.  I did  not  see  them  until  ^ 

Cheney’s.  They  had  hold  of  her  hands  as  long  as  I was 
there.  She  was  hanging  hack.  I heard  nothing  said. 

Cross  Examined.— I do  not  recollect  that  I have  dcnie 
all  this  statement.  1 do  not  recollect  that  I ever  said,  sh 
was  not  hanging  back.  I don’t  recollect  that  I eve 
that  I had  told  one  story  before  the  grand 
stick  to  it.  I did  not  notice  particularly,  whether  they  wer 
tmvelling  fast  or  not.  I was  from  10  to  15  rods  from  them. 
I cannot  tell  whether  I was  within  30  rods  of  ^‘‘em  or  no  . 
1 cannot  say  whether  I was  within  40  rods  or  not  of  them. 


17 


I have  mentioned  it  to  Le  Barron  Putnam.  I cannot  say 
whether  Putnam  was  here  or  not,  when  Grand  Jury  met 
Two  of  Janies  Stratton’s  boys  were  near  me— about  a rod 
off— a rod  or  two.  I was  going  to  Mr.  Stratton’s— boarded 
there  then,  and  board  there  now. 

George  Putnam  called  again. — I was  at  home  when  I 
heard  something  was  going  on  at  Sherman’s.  1 was  at  the 
top  of  the  hill  with  the  rest  of  the  boys.  When  I got  to 
the  top  of  the  hill,  they  were  beyond  Mr.  Wright’s.  I don’t 
know  whether  I went  half  way  to  Mr.  Wright’s  from  the 
top  of  the  hill  or  not.  I don’t  know  whether  I walked  or 
run — told  my  father  what  I saw. 

Mrs.  Olivia  Eames  again  called. — I never  struck  Anne 
with  a toasting  iron.  Anne  had  committed  some  little 
crime.  I was  going  to  shut  her  down  cellar.  I took  her 
forward  of  me  and  in  getting  lier  down,  the  toasting  iron 
fell  down.  She  cried  considerably.  Always  did  when  I 
punished  her. 

Henry  Butterfield  called. — It  is  between  22  and  24 
rods  from  Wright’s  to  Sherman’s  house.  I did  not  tell  Mr. 
Clifford  if  I had  been  present,  I should  have  butchered  the 
officer  or  run  a sword  through  liim.  I said  if  I had  been 
there,  and  the  girl  had  taken  on  as  I heard  she  did,  I would 
have  died  between  the  gate  posts,  before  she  would  have 
gone. 

Col.  Hinds  rnllcd  agudn.—li  is  not  true  that  MrSi  Eames 
told  me  that  if  I could  persuade  Anne  to  go  away,  I might 
bhe  repeatedly  told  Anne  she  should  not  go,  and  me,  that  I 
should  not  have  her.  She  told  Anne  a number  of  times 
not  to  give  up  the  child.  She  said  Anne  was  as  free  as  any 
pi.  She  said  she  had  papers  to  show  to  that  effecti  Re- 
ined to  show  any  papers.  Said  she  had  them. 

Mrs_  Patty  Caldwell  called  by  Deft's.— I live  with  Judah 
Wright,  my  brother.  I saw  Anne  frequently,  every  day  al- 
most, she  came  for  water.  She  came  many  times.  On<»v 
day  she  carried  10  pails  full,  1 counted.  Washing  days  she 
canied  more.  Carried  a great  many.  It  is  a very  steep 
mil  from  my  house  to  Mr.  Sherman’s.  She  carried  it  awhile 
m her  hands  as  other  women  do.  Then  she  used  frequent- 
y 0 put  it  on  her  head.  Her  back  was  so  weak  she  did 
no  know  how  to  carry  it  in  her  arm.s.  1 know  nothing 
mit  that  the  pails  were  lull.  1 told  Mrs.  Eame.s,  1 thought 
>t  would  rum  the  child.  I told  her,  she  must  doctor  her. 

3 


1 


18 


«h«  was  diseased.  It  was  plain  enough  to  be  discovered. 

T told  Mrs.  Eames,  I thought  it  was  occasioned  ^>7  her 
lifting  and  working  more  than  her  age  would  bear.  Mrs. 
I^fs  replied^  a negro ! She  said  was  ^ 

impossible^to  doctor  a negro.  She  said,  she  had  boi  ed  i 
sheep’s  bladder  in  some  milk  and  given  her.  She  said,  she 
was^ffoin^r  to  sell  her,  and  she  would  not  be  of  any  use  to 
TJZchlonser.  She  would  answer  her  purpose  what  ht~ 
a7Ze  she  Zuted  her.  She  was  going  off  vntkher 
Time  and  again,  Anne  expressed  a great  desire  that  she 

Mt  he  free.  Anne  said  nothing  against  the  Wly.  Af- 

^ Mr  Richardson  talked  with  her,  one  day  she  can^to 

me“  d^id,  O,  Mrs.  Caldwell,  do  you  think  they  will  do 
TvThing  forme?  I heard  her  say  more  to  my  brother 

Wright  She  would  often  say,  she  was  a poor  ^ave  and 
wrigni.  one  there  with  Mis.  Sherman, 

clothe  her  ThU  “as  a Jut  a leek 

going  to  be  sold-  Aftefher  mother  had  washed,  Mrs. 

f-k,a„a  .he  ~ 

1 hare  before  stated,  took  place.  She  said 

he  a stir  ntade  to  t^e  awa^.  she 

^nd  if  she  told  them  she  wanted  to  go,  I thought 

* I never ‘saw  the  daV  when  I could 

ge?tL  reto  of  the  hoop-poles.  The  girl  looked  unwil- 
Mrs  1 said,  I an^raid  of  their  hurting  you.  h 

TJ'^mmented  before  the  Grand  Jury.  I ^ not  ^k- 
ed  to  go  before  the  jury,  and  tell  my  st^y^  1 Z 
days  I sid  to  Mrs.  Eames,  it  is  a tord  case  to  be 
mJned  without  any  fees,  and  you  had  a, 

1 should  say  any  thing  m your  fa^vor.  ^he  re^  ’ opeb« 
it  is,  it  is  not  so  hard  as  mine,  to  have  ^ ^ 


19 


taken  away.  When  they  took  the  sirl,  then  took  THF 
CHIEF  OF  MY  PROPERTY. 

I told  Mr.  Cheney,  I pitied  the  poor  girl,  for  she  said 
they  were  going  to  carry  her  off  and  sell  her,  and  she  want- 
ed to  be  free.  I told  him  I thought  Christians  could  not 
pass  over  such  things.  I told  him,  she  said  she  wanted  re- 
j lief  from  some  body.  Mrs.  Warren  heard  me  talk  about  it 

with  Anne. 

Cross  Examined. — These  conversations  were  all  at  my 
brother’s  house.  I did  not  tell  Mrs.  Eames  that  Anne  want- 
ed her  freedom.  I was  afraid  she  would  abuse  her.  The 
first  time  I heard  Anne  speak  of  the  subject,  she  was  at  my 
brother’s  house,  and  he  asked  her  where  she  lived  ? and  she 
told  him.  He  asked  her  if  she  always  lived  with  Mrs 
Eames  ? She  said  no,  she  was  sold  to  her.  He  asked  her 
if  she  was  a slave  then  ? She  said  yes.  He  asked  her  if 
she  expected  to  be?  She  said  she  exjiected  to  be  sold  again.  He 
asked  if  she  did  not  feel  bad  about  being  sold  ? she  said 
she  did,  but  as  she  must  be  sold,  she  had  rather  go  back 
and  be  sold  at  New  Orleans,  than  be  a field  slave,  for  she 
understood  they  fared  hard.  I cannot  say  that  my  brother 
told  her  she  was  free,  but  think  he  did,  at  that  time.  She 
, .said,  she  had  been  told  so  before, 

f Mrs.  Julia  Ann  Flagc  called  by  Defendants. — I live 

in  the  house  of  Mrs.  Sherman.  I heard  Col.  Hinds  come 
in  and  enquire  for  Anne,  Mrs.  Eames  called  her,  came 
back  without  her.  Told  Mr.  Hinds  if  he  would  be  seated 
^ she  would  call  her.  She  brought  her  in— Hinds  asked  An- 
ne, if  she  wanted  to  go  with  him  ? She  seemed  frightened 
j and  said  she  ■“  did  not  know.  ’’  Mrs,  Eames  said,  yes  you 

! do  know  too.  Mr.  Hinds  asked  Anne,  if  she  had  a shawl  and 

bonnet?  She  said,  she  did  not  know.  He  asked  how  old 
; she  was.  She  said  she  did  nor  know.  He  asked  Mrs. 
Ij-ames  her  age.  She  told  him,  it  was  none  of  his  business, 
she  was  pot  ao  very  old.  Mrs.  Eames  told  Anne  to  keep 
Jne  babe.  After  Mr.  Hinds  took  it,  she  told  Anne  she 
! ® go-  She  told  Anne  to  go  into  the 

j bed  room.  I was  present  when  they  were  at  the  table  with 
Hinds  did  not  throw  Mrs.  Eames  on  the  bed, 
j ■ Eames  took  hold  of  Anne,  not  gently,  she  hurt  her 

I much,  I think.  She  laid  hold  of  her  violently.  Mrs. 

Eames  was  very  angry  all  the  time,  Mrs.  Sherman  was  al- 
so very  angry.  Mrs.  Eames  told  Mr.  Hinds  Anne  should  not 


20 


to,  and  he  should  not  take  her.  She  did  not  «y  any  thing 
to  Mr  Hinds  about  Anne’s  being  at  liberty  to  go  if  she 
waiu^ed  to,  or  if  he  could  rersuade  her  to  go.  Mrs.  Braes 
Ktoteltod  knd  bit.  Col.  Hinds  called  Mr.  Cheney  to  help. 
Mrs.  Braes  told  Anne  not  to  sign  the  jmper.  She  told  her 
“other  not  to  let  her  sign  the  paper.  Anne  went  willingly 
with  the  men.  1 saw  them  down  as  far  as  Mi.  Wright  s. 
She  did  not  le<an  back.  That  day,  before  Col.  Hinds  came, 
MrrEames  wanted  to  know  what  ailed  the  nigger,  she 
80  lively  ; said,  she  had  always  had  to  drive  her  to 
work,  but  that  day,  she  had'nt  had  to  speak  to  her.  Anne 
did  not  make  a noise  or  scream,  when  she  went  away.  She 
made  no  disturbance  or  fuss.  Anne  was  very  cheerful  that 
Lrning,  uncommonly  so.  After  Anne  had  left,  more  than 
once  Mrs.  Eames  called  Anne  to  come  b^k,  not  to  go. 
She  did  not  turn  her  head  round.  Before  they  came,  Mre. 
Eames  told  her,  she  must  change  her  dress  and  mend  the 
one  she  wore,  as  she  must  wear  it  back  to  the  South. 

Eames  said,  she  was  going  to  carry  her  hack  to  the  South, 
and  was  going  to  sell  her.  Have  heard  her  say  tt  more 
than  once.  She  said  Mr.  Eames  paid  ^^800  for  her  two 
years  ago,  and  she  would  fetch  $1000,  now,  as  she  was 

ibout  two  years  older.  Anne  packed  up  her  clothes.  Mrs. 

Eames  found  them  packed 

two  bundles.  She  came  down  and  told  her  mother  that 
she  had  found  Anne’s  clothes  tied  up,  and  that, 
a nigger,  it  looked  like  running  away.  I believe  she  had 
tied  them  up  the  day  before.  It  was  that  day  Mrs.  Eames 

^^^Lirkrs.  Eames  tell  Anne  tliat  if  she  ever  told 
thing  out  of  the  house,  that  happened  in  it,  she  would  hU 
her  dead  Mrs.  Eames  read  in  my  hearing  a letter,  1 took 
it  to  be  from  New  Orleans,  informing  her  that  business  was 
dull,  that  she  had  better  not  come  back  herself,  that 
eould  send  Anne,  that  they  had  found  a place  for  her, 

where  they  could  sell  her.  . u tVwiahi 

After  Anne  was  taken,  Mrs.  Eames  said,  she  had  fougM 
hard,  but  not  any  harder  than  any  one  would,  Zosin^  thetr 
PROPERTY. 

I thought  Col.  Hinds  and  those  who  were  with  hun 
peared  like  gentlemen.  Col.  Hinds  talked  long,  tned  to^- 
suade  Mrs.  Eames  to  let  her  go.  He  read  the  bond  to 
Eames,  she  would  not  hear  it. 


21 


Cross  Exanuned.—l  reside  in  the  house  with  Mrs  Sh<»r 

^ communicatioha  like 

these.  I told  Miss  White  and  Mrs.  Caldwell.  ^ 

At  this  point  in  the  examination,  two  witnesses  only 
having  been  called  on  the  part  of  the  defendants,  ^ 

Mr.  Merkick  said,—/  have  come  to  the  conclusion  that 
the  evidence  abundantly  justified  the  issuing  of  the  process 
and  that  the  defendants  are  fully  entitled  to  a v^dict  of 
acquittal.  I shall  prosecute  the  case  no  farther. 

The  jury  immediately  gave  a verdict  of  acquittal. 

By  this  sudden  termination  of  the  trial,  the  defendants  are 
deprived  of  the  opportunity  of  submitting  the  rest  of  their 
evidence.  They  had  a large  number  of  reputable  witnes- 
ses in  attendance,  by  whom  they  would  have  met  most  ful- 
ly every  fact  and  circumstance  which  could  be  relied  upon 
to  show  an  impropriety  of  conduct  on  the  part  of  any  vSio 
were  concerned  in  giving  freedom  to  Anne.  By  several 
witnesses  they  would  have  confirmed  the  evidence  already 
in  the  case  that  the  conduct  of  Col.  Hinds  and  those  who 
were  with  him,  in  executing  the  process  of  law,  was  kind 
and  courteous  and  as  mild  as  the  resistance  they  met  with 
permitted  it  to  be,  and  in  all  respects  as  it  should  have  been 
-that  the  witnesses  who  testified  of  rudeness  to  Mrs.  Eames 
were  m a remarkable  error— that  Anne  was  not  compelled  to 
sign  the  bond— was  not  dragged  away  as  was  stated  by  some 
es— that  there  was  no  haste  in  removing  her  • 
that  the  carriage  in  which  she  was  conveyed  was  the  one’ 
which  was  ordinarily  used  by  Col.  Stratton— that  there  wa^ 

0 more  concealment  of  her  than  was.  rendered  necessary 

Zy  f a trial  should  be  had,  in  conse- 

quence of  threats  of  violence. 

prepared  to  prove  further,  by  various  witnesses, 
he  often  expressed  desire  of  Anne,  that  somebody  would 
S Pr^'^^irt  her  removal,  and  sale  as  a slave— the 

endured— the  knowledge  she  had  joyfully  re- 
ceived,  that  men  were  coming  to  release  her— her  prepara- 
tZh  voluntarily  and  privately  made,  without . 

ine  Knowledge  of  any  one— and  the  pleasure  she  expressed 
M soon  as  she  was  beyond  the  view  of  the  eye  she  had 
jed  to  fear,  and  dared  give  utterance  to  her  thoughts 
a leelings  As  the  trial  was  arrested,  the  defendants  can 
in  the  form  of  evidence  nothing  more  than  the  testi- 


23 


moDT  of  Mr,  Judah  Wright,  a man  long  known  by  many 
mTi^lyreapeotedfor  his  virtnes  and  mteUigence,  and 
Sr  tSHcquisitions  of  knowledge  which  he  has  made  hav- 
never  been  blessed  with  sight.  Being  prevent^  from 
mLding  as  a witness,  his  deposition  was  taken  on  the  first 
day  of  the  trial. 


deposition  of  JUDAH  WRIGHT. 

INTERBOGATORIES  PUT  TO  JUDAH  WKIGHT. 

1 Were  vou  acquainted  with  Anne,  a colored  girl  in 
the  service  of  Olivia  Eames,  in  Holden,  in  the  summer  of 
1838?  If  yes,  state  what  opportunities,  if  you  had  of 
conversing  with  her,  how  frequently,  and  where . 

2 Did  said  Anne  ever  converse  with  you  before  she  left 
Holden,  respecting  any  desire  she  had  for  ^rsonal  hter  y, 
or  resoectine  her  condition,  or  her  relation  to  JMrs.  hsaraes . 
If  yerstate  what  she  said  at  any  such  conversation,  or  con- 
versations relative  to  the  above  subjects  ? 

3 How  near  the  time  of  the  departure  from  Holden  of 
Aniie,  did  any  of  the  conversations  aforesaid  occur,  and 

^4.^^  To  whom,  if  any,  did  you 

conversations,  and  did  you  communicate  before  the  day 

Xn  Sd  Anne  left  Holden?  [This  was  objected  to  by 
the  Counsel  for  the  Government.] 

CK.SS  ISmUKOUHTIOUS,  BV  THE  COUHBEL  FOB  THE  OOVEBHHEBT, 

1 If  VOU  state  any  conversations  with  said  Anne,  sUte 
Is ' on  J whpn  each  of  said  conversations  took  place 

to*  by  htrself  and  yourself,  and  any  other  person  engaged 

“2^'HTneTdTdyouliveto  Mr,  Sherman  in 
while  Mrs.  Eames  was  there  during  the  season  ^ 

and  how  often,  and  how  many  times  did  you  see  sai 

during  that  time,  and  where  ? » j nnvpi^tions 

3.  *If  you  state  that  said  Anne  ^^d  any 
with  you  respecting  personal  liberty,  did  you 


23 


measures  whatever  to  ascertain  if  she  was,  in  fact,  under 
duress,  or  held  in  restraint  ? if  so,  please  state  what  you  did 
to  ascertain  the  same. 

4.  If  you  state  that  you  communicated  any  conversation 
had  by  you  with  said  Anne  to  any  person,  please  staite  the 
name  of  any  and  every  person  to  whom  you  communicated 
the  same ; and  at  Avhat  times  you  did  so. 

5.  Have  you  now  stated  the  whole  of  every  conversa- 
tion of  which  you  have  given  any  testimony  ? if  not  please 
state  whatever  has  been  omitted. 

6.  - Has  any  person  other  than  the  Magistrate  taking 
your  deposition  been  present  during  the  taking  of  the  same  ? 
if  so,  state  the  names  of  all  such  persons. 

MR.  WRIGHt’^S  ANSWiiRS. 

And  now  the  said  Judah ‘Wright,  being  first  duly  cau- 
tioned, examined,  and  sworn,  makes  the  following  answers 
to  the  foregoing  interrogatories,  to  wit. 

1.  To  the  first  interrogatory,  this  deponent  saith,  That 
he  was  well  acquainted  with  the  colored  girl,  Anne,  men- 
tioned in  said  interrogatory,  in  the  summer  of  1838.  Mr. 
Sherman’s  family,  with  Avhom  Mrs.  Eames  and  the  colored 
girl  lived,  resided  within  about  forty  rods  of  me.  The  well 
at  Mr.  Sherman’s  house  became  dry,  as  I imderstood,  and 
they  applied  to  me  for  leave  to  draw  water  at  my  well.  I 
gave  them  leave,  and  Anne  xvas  the  principal  person  em- 
ployed in  drawing  water.  As  the  well  Avas  situated  in  the 
rear  of  the  house,  and  as  they  could  not  get  at  it  without 
climbing  over  the  fence,  I gave  them  leave  to  pass  through 
my  house.  This  circumstance  led  to  a particular  acquaint- 
ance Avith  Anne,  as  she  used  to  pass  through  the  kitchea 
into  a back  room  in  which  I worked  making  baskets..  She 
passed  through  there  many  times  every  day  ; on  washing 
days  I should  think  twenty  times. 

2.  To  the  second  interrogatory,  this  deponent  saith, 
That  he  did  converse  with  the  said  Anne,  before  she  left 
Holden,  as  to  her  wishes  for  her  personal  liberty.  She  said 
she  was  a slave,  from  one  of  the  northern  slave-holding 
States,  and  Avas  carried  to  the  south,  and  was  there  sold  as 
a slave  to  Mr.  Eames ; and  that  after  Mr.  Eames’s  death 
she  became  the  property  of  Mrs.  Eames.  She  often  toldi 
me  that  she  expected  to  be  sold  again  ; that  Mrs.  Eames 


24 


«,,d  her  she  was  going  .o 

dio^d  ^ meeting,  hut  unless  she  got  her  liberty 

read,  and  to  attei  gr  ^ expressed  a strong 

she  never  expected  to.  She  Irequem  Y ^ ^ 

desire  to  have  her  Twork  her  deliver- 

pect  It,  She  used  to^say  that  she  did  not 

SSr:=f£4«“*“H-'S 

S-sS  rjK 

came  over  to  re  interrogatory,  this  deponent  mswers 

and  ssS  That  he  should  think  the  said  conversation,  m 

Ptesenoe  of  Mr.  "^h,  w“  "^'^n  a 
(IS  ^^iJv^Sof  hIJtIt;  was  nothing  in 

It  r.  a«^,':hr:ast  rrrgood"&  t: 

she  did  not  kZow  as  she  should  see  me  again  ; she  did  n 
irnrtw  hnt  she  should  be  called  for. 

4 To  the  fourth  interrogatory,  this  deponent  answers 

and  saith.  That  he  did  communicate  these  , 

:^veS;  before  Anne  left  Holden^  That  he 
them  to  Mr.  Richardson,  Mr.  Cheney, 

White  Jr.,  Henrietta  White,  and  some  others, 

mea^  io  say  that  I commiiiiica.ed  ^1  -he  convermtion^o 

all  these  per_sons.  I was  cautious  about  it.  I 

To  make  it  understood  that  the  girl  wanted  her  liberty. 

1.  To- the  first  cross  interrogatory,  this  deponent  ans^r* 
and  says.  That  the  said  conversations  with  Anne,  all  took 
at  his  house.  They  commenced  when 
water  there,  and  he  thinks -this  wa§  in  June.  The  ®onve 
sations  were  had  frequently,  and  mostly  in  his 
no  one  was  present.  Sometimes  his  Xs 

Mr.  Richardson  was  once  present,  and  the  ^eponen 
not  recollect  that  any  other  one  was  present  a of  me 
conversations.  Deponent  cannot  state  how  all  these  con 


26 


versations'wete  introduced ; he  sometimes  introduced  them, 
and  sometimes  she  did.  It  is  impossible  to  state  all  these 
conversations.  The  tenor  of  them  was  that  she  wanted  her 
liberty,  and  I sympathised  with  her.  But  I did  not  give  her 
any  hope  of  her  deliverance. 

2.  To  the  second  cross  interrogatory,  this  deponent  saith, 
That  he  should  think  he  lived  in  the  season  of  1838,  about 
forty  rods  from  Mr.  Sherman’s,  He  saw  the  said  Anne  sev- 
eral times  a day  generally,  and  washing  Jays  he  should 
think  probably  as  muc}!  as  twenty  times.  He  never  saw 
her  anywhere,  that  he  recollects,  but.  at  his  house.  I use 
the  words  see  and  saw  just  as  other,  folks  do.  What  I mean 

is,  I never  met  with  her,  &c. 

3.  To  the  third  cross  interrogatory,  this  deponent  saith. 
That  it  was  understood  in  Holden,  that  the  said  Anne  Wes' 
a slave.  She  said  she  was  a slave.  At  first  I did  not  know 
how  much  she  could  be  relied  on,  but  on  acqusuntance,  I 
found  her  intelligence  was  such,  that  I thought  she  could 
be  relied  on.  The  deponent  took  no  further  measures  to 
ascertain  whether  she  was  under  any  restraint. 

4.  To  the  fourth  cross  interrogatory,  this  deponent  saith. 
That  he  cannot  state  more  particularly  than  he  has  already 
done,  to  whom  he  communicated  any  of  his  conversations 
with  the  said  Anne.  Nor  can  he  state  definitely,  at  what 
times  such  communications  were  made.  There  was  a good 
deal  said  upon  the  subject,  especially  within  a few  weeks 
of  the  time  when  the  girl  went  away ; and  he  thinks  it 
probable  that  he  communicated  most  of  the  conversations 
within  that  time,  but  he  cannot  state  positively. 

6.  To  the  fifth  cross  interrogatory,  this  deponent  saith, 
That  he  does  not  suppose  that  he  has  stated  the  whole  of 
each  conversation,  for  it  would  be  impossible  for  him  to  do 

it.  He  has  meant  to  give  a fair  general  representation. 

6.  To  the  sixth  cross  interrogatory,  this  dei^nent  saith, 
That  he  is  blind  ; he  has  heard  of  no  one  being  present, 
ud  he  presumes  no  one  was  present  at  the  time  of  his  giv- 
ing this  deposition,  but  the  magistrate  and  Mrs.  Be^y 
Stratton.  kh 

Judah  X Wright. 

MABX. 

Worcester,  ss.  On  the  29th  day  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty-nine, 
the  aforesaid  deponent  was  examined,  and  cautioi^^,  and 


26 


sworn,  agreeable  to  law,  to  the  deposition  ^oresaid,  by  him 
subscribed,  taken  at  the  request  of  Samuel  Stratton  and  oth- 
ers and  to  be  used  in  an  indictment  now  pending  between 
the’m  and  the  Commonwealth,  before  the  Court  of  Common 
Pleas  and  taken  upon  the  interrogatories  hereto  ^exed. 
The  ’said  Judah  Wright  being  unable  to  attend  Comt,  on 
account  of  bodily  infirmity,  is  the  cause  of  taking  this  de- 
position. ^ Bakton,  Justtce  of  the  Peace. 


CONSTRUCTION  OF  THE  STATUTE. 

In  the  course  of  the  cross-examination  of  P' 

ing  discussion  arose  upon  the  consrruction  of  the  Statute  of  lBd7,  ch.  Zil. 

Enquiry  was  made  of  the  witness  by  the  counsel  of  the 
defendants  whether  she  had  communicated  to  any  person 
her  desire  to  be  free. 

Bv  the  counsel  for  the  Government— Unless  the  commu- 
nication was  made  to  the  defendants,  the  inquiry  is  irrele- 

The  counsel  for  the  defendants  replied,  that  it  was  intend- 
ed to  bring  the  knowledge  of  the  wishes  of  the  ^itneM 
home  to  the  defendants.  The  question  was  still  obj^ted 
to  by  the  counsel  for  the  Government,  and  an  extended  ar- 
gument was  entered  into  respecting  the  principles  of  law 
which  should  govern  the  case..  We  have  not  room  for  dl 
the  reasoning  and  illustrations  of  counsel,  but  will  briefly 
-state  the  questions  of  law  which  arose. 

It  was  contended  by  the  counsel  for  the  Goverranent, 
that  the  defendants  could  justify  the  institution  of  the  pi^ 
cess  of  personal  replevin  only  by  showing  that  the  gir^ 
Arme,  had  in  some  manner  requested  them  to  aid  her  in 
taining  her  liberty.  That  they  could  act  only  as  her  ^ent , 
and  imder  authority  previously  conferred  by  her  ; that  d 
though  no.  “ express  ” power  of  attorney  was  necessary,  m 
some  way  it  must  be  proved,  that  Anne  desired  and  author- 
ized them  to  interfere  ; that  no  subsequent  ratification  y 
her  of  their  doings,  would  be  sufficient  for  the  Protection 
tlie  defendants ; and  that  no  justification  could  be  found  iot 
their  condnct,  in  the  condition  of  the  'Y^hile  under 
straint,  nor  in  the  benefits,  however  great,  which  they  may 
have  conferred  upon  her;  that  although  the  defend^ts, 
without  doubt,  believed  that  the  girl  was  m bondage,  ana 


27 


that  they  were  called  upon  as  philanthropists  to  assert  her 
rights,  yet  in  law  their  conduct  could  not  be  upheld.  The 
consequences  of  allowing  any  other  person  than  the  agent 
of  , the  party  principally  interested,  to  institute  thq  process 
of  personal  replevin,  were  urged  by  way  of  objection  ; par- 
ticularly, that  the  individual,  in  whose  favor  the  suit  was 
commenced,  might  be  subjected  to  cost,  and  that  the  stat- 
ute of  1837  afforded  inadequate  protection  in  this  respect. 
An  exception  was  made,  in  favor  of  parents  and  others,  who 
stood  in  near  relation  to  the  party  in  duress. 

It  was  replied,  by  the  counsel  for  the  defendants,  that 
they  must  be  acquitted  of  the  crime,  alleged  in  the  indict- 
ment, if  the  jury  should  be  satisfied,  that  the  defendants 
believed,  at  the  time  of  sueing  out  the  aforesaid  process, 
that  Anne  was  held  in  duress,  and  that  the  pui'pose  of  the 
defendants  was,  to  relieve  her  from  unlawful  restraint. 
They  were  indicted  for  a' conspiracy  to  deprive  Mrs.  Eames 
“ of  the  voluntary  service  of  Anne and  the  indictment 
further  charged,  that  to  effect  such  object,  that  is,  the  remov- 
al of  Anne  from  voluntary-  service,  the  defendants  unlaw- 
fully availed  themselves  of  a process  of  law,  adapted  to  ob- 
tain the  liberty  of  one,  who  was  in  duress.  Should  it  then 
appear,  that  the  defendants  believed,  that  the  girl  was  un- 
lawfully restrained  of  her  liberty ; and  that  they  instituted 
the  process  of  personal  replevin,  for  the  purpose  of  removing 
the  suppsed  unlawful  restraint  upon  her  person,  they  mbst 
be  acquitted  of  the  crime  alleged  against  them.  Such  must 
be  the  result,  although  the  government  should  prove,  that 
the  girl  was  a voluntary  servant  of  Mrs.  Eames. 

But  the  defendants  were  prepared  to  go  further  than  simply 
to  refute  the  charge  in  the  indictment,  and  obtain  an  acquit- 
al  of  the  crime  specifically  alleged  against  them.  They 
vindicated  their  right  to  institute  the  process  of  replevin  ; 
Md  they  vindicated  the  statute  of  1837,  in  favor  of  personal 
liberty,  from  the  construction  given  to  it  by  the  Counsel  for 
the  Government,  which  would  narrow  the  sphere  of  its  oper- 
ation, and  deprive  it  of  much  of  its  usefulness.  The  Legisla- 
ture which  passed  it,  intended  that  it  should  be  an  efficient 
remedy,  for  every  case  of  unlawful  encroachment  upon  the 
i^ht  of  personal  liberty.  The  individual  imprisoned  might 
TO.  an  infant,  incapable  of  understanding  his  rights,  and  una-  - 
e to  delegate  authority.  Or  it  might  be,  a married  woman, 
^ho  is  legally  disqualified  from  instituting  a suit  at  law,  ts 


28 


mffering  some  great  isnoiig,  through  deprivation  of  her  hb- 
«tv  et  a dist^ce  from  ;her  husband  md  friends.  Or,  a 
might  he  the  sufferer.  Or,  as  in  the  present  case, 
a Sffld  brought  up  in  ignorance,  and  imperfectly  discern- 
hig  her  rightl  and  altogether  ignorant  of  the  remedy,  might 
Ktoing  oppression  and  bondage.  In  all  such  ca^s  the 
moSs  of  tL  Statute  would  be  nugatory,  if  authority 
m^il  beeiven  by  the  person  in  duress,  before  the  writ  cm 

S^MtitLd.  Scaree?y  more  effectual  would  ‘hey  be  for 
SeCtectionofonewhowas  under  no  such  disqudifica- 
tion  The  injury  itself  would  take  away  the  remedy  pro- 
vided tor  it  TU  confinement  would  deprive  the  prisoner 
Ifthe^ means  and  opportunity  of  furnishing  the  necessary 

from  admitting  the  construction  contended  for  in 
support  of  this  prosecution,  which  would  render  Mile  a 
mo^important  and  beneficial  law,  the  counsel  for  the  De- 
fendants^ontend,  that  it  should  have  such  broad  operation, 
"remedy  it  held  out  should  -et  ^Y  possible 
of  unlawful  infringement  of  personal  liberty.  It  the  cry 
for^ccor  should  now  be  heard  from  yonder  house,  and 
the  belief  be  reasonably  had  that  some  hurr^  being  is 
there  unlawfully  deprived  of  freedom,  although  that  voice 
of  distress  should  proceed  from  some  unMown 
?he  stranger  from  the  “furthest  pole,”  it  would  be  the 
right  of  any  man  who  should  hear  it  to  institute  ° 

Mrsonal  replevin,  and  to  bring  the  prisoner  and  ^m  by 
Shorn  he  was  restrained  into  a Court  of  Justice,  where  th 
cause  of  the  imprisonment  could  be  and  Aa 

SZg!if  any  had  been  committed,  be  redressed.  Upon 
any  o^ther  construction,  the  Statute,  instep  of  t®j"g  ® 
tection  to  men’s  rights,  would  be  a trap  and  a snare. 

S,rt  of  S s^iews.  The  Counsel  for  the  Defendants  read  and 
Commented  upon  several  sections  of  the  Statute  referred  to. 

The  first  section  provides  that  if  any  p^son  is  un  a - 
Iv  imXned,  restrLed  of  liberty  or  held  in  duress,  such 
be  entitled,  of  right,  to  the  writ  of  personal 

'^^^hat  no  abuse  be  made  of  the  law,  the  4th  and  ®®®^ 
tions  require  a bond  to  be  given,  with  sufficient  si^®‘i®®>  ^ 
the  payment  of  any  dam^es  which  the  defendant  may 
tain  by  reason  of  the  institution  of  the  suit.  , - , 

The  16th  section  authorises  any  person  in  behalf  o 


29 


other  to  sue  out  the  writ  and  prosecute  the  suit  to  final 
judgment,  without  any  express  power  from  the  person  res- 
trained of  his  liberty. 

The  16th  section  makes  provision  for  the  commence- 
ment of  the  suit  WHERE  THE  NAME  OF  THE 
PERSON  RESTRAINED  IS  UNKNOWN  OR  UNCER- 
TAIN. 

The  objection  that  no  adequate  provision  was  made  by  the 
Statute  ibr  costs  to  which,  under  certain  circumstances,  the 
plaintiff  whose  name  is  used  might  be  subjected,  was  met 
by  a reference  to  the  provision  therein  made,  for  security  to 
the  plaintiff  as  well  as  the  defendant,  for  costs  which 
might  be  sustained.  It  is  further  urged  by  the  defendant’s 
counsel  that  objections  arising  from  an  omission  to  provide 
fully  for  any  injury  which  might  possibly  result  from  the 
use  of  the  process,  in  any  case  which  could  be  suffered  to 
arise,  could  not  avail  to  defeat  the  plain  enactments  of  a 
law.  The  Legislature  of  1837,  which  passed  the  law,  es- 
tablished a great  principle,  to  wit,  the  right  of  a trial  by  jury 
in  cases  affecting  personal  liberty,  apd  it  gave  ample  means 
for  enforcing  the  right.  It  may  be,  as  is  often  the  case,  that 
experience  may  show  the  necessity  for  subsequent  Legisla- 
tion to  make  perfect  the  details  of  the  law. 

The  Court  decided  that  no  authority  to  commence  the 
suit  need  be  given  by  the  person  in  duress,  that  the  Statute 
itself  was  sufficient  authority.  The  objection  was  therefore 
overruled,  and  the  evidence  was  admitted. 


Non.  The  writ  of  personal  replevin  referred  to  in  this  trial  was  duly 
entered  in  Court  at  the  December  term  of  the  Common  Pleas,  and  stood 
on  the  Docket,  Anne  vs,  Olivia  Eames.  The  defendant  appeared  by  her 
attorney,  but  afterwards  was  defaulted  by  consent,  and  judgment  for  nomi- 
nal damages  (being  all  that  was  claimed,)  and  the  costs  of  Court,  was  ren- 
dered against  her.  This  was  proved  on  trial,  but,  by  mistake,  was  not  in- 
lerted  in  its  proper  place  in  this  report  * 

The  reader  will  also  observe,  that  in  the  testimony  of  Geo.  Putnam  and 
Thomas  Randall,  on  pages  16  and  17,  the  name  of  Mr.  Stratton  was  incor- 
'•ctly  introduced  instead  of  that  of  Mr.  Sherman. 


30 


AN  ACT  TO  RESTORE  THE  TRIAL  BY  JURY,  ON  Q,UES- 
AN  Al.1  QP  personal  FREEDOM. 

Sect.  1.  If  any  person  is  imprisoned,  restrained  ot  his  liberty,  or  held 
in  duress,  unless  it  be  in  tlie  custody  of  some  public  ofhcer  of  the  law,  by 
force  of  a lawful  warrant  or  other  process,  civil  or  criminal,  issued  by  a 

court  of  competent  jurisdiction,  he  shall  be  entitled,  as  of  right,  to  the 

of  personal  replevin,  and  to  be  thereby  delivered  in  the  manner 

^^^CT.  The  writ  shall  be  issued  from  and  returnable  to  the  court  of 
common  pleas,  for  the  county  in  which  the  pi amti^ff  is  confined,  and  shall 
be  issued  fourteen  davs  at  least  before  the  retmn  day  thereof. 

Sect  3.  It  shall  be  directed  to  the  sheriff  of  the  county,  or  his  depu- 
ty or  to  any  of  the  coroners  thereof,  and  shall  be  served  by  either  to 
whom  it  shall  be  delivered,  without  delay.  . 

Sect.  4.  The  said  writ  shall  be  in  ’the,  form  following,  viz. 

Commonwealth  of  Massachusetts. 

ss.  To  the  sheriff  of  our  county  of or  his  deputy,  ^ 

(l.  8.)  the  coroners  thereof,  tr, 

We  command  you,  that  justly  and  without  delay,  you  cause  to  be  re- 
nlevied  C.  D.  who  (as  it  is  said)  is  taken  and  detained  at  - , within 

Sur  .aid  county,  by  the  duress  of  G.H.,  that  he  the  said  C.  D. 
at  our  court  of  common  pleas,  next  to  be  ho  den  at  --  — , witoin  om 

bounty  aforesaid;  then  and  there  in  our  said  court  to  demand  r‘ght  and 
justice  against  the  said  G.  H.  for  the  duress  and  imprisonment  aforesaid, 
and  to  prosecute  his  replevin  as  the  law  directs : 

Pnmded,  the  said  C.  D.  shall  before  his  deliverance  give  bond  to  the 
said  G.  H.,  in  such  sum  as  you  shall  judge  reasonable,  and  w'* 
sureties  at  tlie  least,  having  sufficient  within 

to  appear  at  our  said  court  to  prosecute  his  replevin  JJe  said 

• H.,  bH  to  have  his  body  there  ready  to  be  redelivered,  thfeto  ordered 
by  the  court ; and  to  pay  all  such  damages  and  costs  as  ®haU  be  then  a 
there  awarded  against  him . Then,  and  not  otherwise,  are  you  to  deliver 
Sm.  And  if  the  said  C.  D.  be  by  you  delivered  ^ 

ting  of  our  said  court,  you  are  to  surninon  the  said  G.  H.  by  ®®^ing^ 
wi&  an  attested  copy  of  this  writ,  that  he  may  appear  at  our  said  court  to 

answer  to  the  said  C.  D.  an  nlprt 

Witness,  L.  S.  Esq.  at  B— , the  — day  of  — in  the  year  — . A .B.  clerk. 

Sect.  5.  No  person  shall  be  delivered  from  his  imprisonment  or  res- 
traint, by  force  of  luch  writ,  until  he  shall  give  bond  in  the  "lanner  ex 
pressed  in  the  preceding  section;  and  the  bond  shall  be 
toL  in  like  manner  as  a bail  bond  is  returned,  and  shall  be  left  in  tn 
clerk’s  office,  to  be  delivered  to  the  defendant  when  he  shall  J 
Sect.  6.  The  officer,  who  serves  the  wr  t,  shall  be  answemble  for  the 
insufficiency  of  the  sureties  in  such  bond,  in  like  manner  as  he  is  ans 

able  for  taking  insufficient  bail  in  a civil  action.  , , n oUoitiiD- 

Sect.  7.  If  the  plaintiff  shall  maintain  his  action,  and  ^ball  make  ^ 

pear  that  he  was  unlawfully  imprison^  or  restrained,  he  sha  ^ 

ged,  and  shall  recover  his  costa  of  suit  against  the  defendant, 
damages  for  the  said  imprisonment  and  detention. 


31 


Sect.  8-  If  the  plaintiff  shall  not  maintain  his  action,  the  defendant 
shall  have  judgment  for  his  costs  of  suit,  and  also  for  such  damages,  if  any. 
1 as  he  shall  have  sustained  by  reason  of  the  replevin. 

Sect.  9.  If  it  shall  appear  that  the  defendant  is  bail  for  the  plaintiff 
or  is  entitled  to  the  custody  of  the  plaintiff,  as  his  child,  ward,  secant,  ap^ 
prentice  or  otherv^ise,  he  shall  have  judgment  fora  redelivery  of  the  body 
of  the  plaintiff,  to  be  held  and  disposed  of  according  to  law. 

Sect.  10.  If  it  shall  appear,  from  the  return  of  the  wit  of  personal 
replevin,  that  the  defendant  has  secreted  or  conveyed  away  the  plaintiff’s 
body,  so  tliatthe  officer  cannot  deliver  him,  the  court  shall,  on  motion,  is- 
sue a capias  to  take  the  defendant’s  body,  and  him  safely  keep,  so  that  he 
may  be  had  at  the  then  npt  term  of  the  court,  to  traverse  the  return  of  the 
said  writ  of  personal  replevin ; but  the  defendant  may  give,  and  the  offi- 
cer serving  the  same  shall  receive  bail,  as  in  civil  case,  for  his  appearance 
as  aforesaid,  in  such  sum  as  the  officer  may  judge  reasonable. 

Sect.  1 1.  At  the  term  at  which  the  capias  is  returned,  the  defendant 
may  deny,  by  plea,  the  return  on  the  writ  of  replevin,  and  ifit  shall  appear, 
on  the  trial  thereof  that  he  is  not  guilty  of  secreting  or  conveying  away 
the  plaintiff,  as  set  forth  in  the  return,  he  shall  be  discharged  and  recover 
his  costs. 

Sect.  12.  If  the  defendant  shall  not  traverse  the  said  return  as 
aforesaid,  or  if,  upon  the  said  traverse,  the  issue,  on  trial,  shall  be  found 
against  him,  then  an  alias  writ  of  capias  shall  be  issued  against  him,  and 
he  shall  thereupon  be  committed  to  the  common  jail,  there  to  remain  in 
close  custody  until  he  shall  produce  the  body  of  the  plaintiff,  or  prove 
him  to  be  dead ; and  if  the  defendant  shall  suggest  such  death  at  any 
time  after  committal  as  aforesaid,  then  the  court  shall  impannel  a jury  to 
^ the  fact,  at  the  expense  of  the  defendant;  and  if  the  death  be  proved, 
the  defendant  shall  be  discharged. 

Sect.  13.  If,  at  any  time  after  such  return  of  secretion  and  convey- 

away  as  aforesaid,  the  defendant  shall  produce  the  body  of  the  plain- 
rtt  in  the  court  to  which  the  writ  of  personal  replevin  was  returned,  or  in 
which  the  suit  is  pending,  the  court  shall  deliver  the  plaintiff  from  res- 
traint, upon  his>  giving  bond  agreeably  to  the  condition  of  the  writ  ofper- 
sonal  replevin;  and  for  want  of  such  bond  the  plaintiff  shall  be  commit- 
k 11  k .i“^gfnent  on  the  replevin;  and  in  either  case  the  suit 

shall  be  proceeded  in,  as  if  the  plaintiff  had  been  delivered  on  the  writ  of 
personal  replevin. 

Sect.  14.  Either  party  may  appeal  from  any  judgment  upon  either  of 
me  matters  aforesaid  to  the  supreme  judicial  court,  as  in  common  civil 
actions;  and  in  case  of  an  appeal  from  the  judgments  which  may  beren- 
aered  under  the  writs  of  capias  aforesaid,  the  whole  case  shall  be  ear- 
ned up  to  \he  supreme  judicial  court  and  be  there  disposed,  of,  as  it 
appeal^ ° in'tlie  court  of  common  pleas,  if  there  had  been  no 

Sect.  15.  The  writ  of  personal  replevin  may  be  sued  out  by  any  per- 
son tor  and  in  behalf  of  the  plaintiff,  and  may  be  prosecuted  to  final  jud<r- 
ment,  without  any  express  power  for  that  purpose : provided,  that  the  per- 
on  so  appearing  for  the  plaintiff  shall,  at  any  time  during  the  pendency  of 
me  suit,  when  required  by  the  court,  give  security  in  such  manner  as  the 
ourt  shall  direct,  for  the  payment  of  all  damages  and  costs  that  shall  be 
awwded  against  the  plaintiff. 

pil  name  of  the  defendant,  or  the  person  to  be  deliver- 

iin’,io,^*k-  “"c®rtaiih  then  in  any  writ,  proceeding,  or  process 

this  act,  they  may  respectively  be  described  and  proceeded  with, 


32* 


in  sixth  and  seventh  sections  of  the  one  hundred  and 
m th.  wri.  of  h.b». 

■^OCT.  17.  Th.  thirty  eighth  «etioo  of  th.  on,  hondrcd|«d  ele.^ 

chapter  of  the  Revised  SUtutes,  is  hereby  repealed.  [April  19, 1837.] 


the  indictment. 

COMMOimEAlTH  OF  MASSACHrSETTS. 

Worcxstek  8S.  At  a Court  of  Common  Pleas,  begun  and  holden  at 

“Tf.1S“iu..Con.n,on...lth  “d  KS 

Thrt  S.mo.1  Sf  of  W®<;rLt.r,  .nd 

rrr.rswt™th,..rtio.,..^^ 

p?ive’theeaid  Olivia  of  the  6ai4^^ 

and  to  remove  the  ^ „:j  Anne  without  her  consent: 

Olivia,  into  places  wholly  combination,  and 

and  [then  and  Ihere^  V",F“'Tw^?hnnt  the  or  consent  of  said 

agreement,  did  unlawfully  f P^  ^ithout  the  knowl  ed^  of  Personal 

Anne,  cause  to  be  sued  out  in  due  form  of  law^a  cermin^ 

Replevin  in  behalf  of  said  Anne,  of  the  said  Olivia,  which 

was  restrained  and  . of  Common  Pleas  next  to  be  hold- 

' Writ  was  made  returnable  to  A q of  Worcester,  on  the  first 

en  at  Worcester,  within  and  for  ^e  County  ox 

Monday  of  December  next:  and  Aen  and  Hinds,  without  the 

laJ?ully  and  wrongfully  put  into  the  hands^of^^^^^^^^  "d  executed:  and 

knowledge  or  consent  of  sa^  Anne,  ^ ^od  there  unlawfully 

the  said  Wton.  Cheney,  Fo«ef,  and  White,^^  « 

and  wrongfully  did  . TIFd  WriV 

pretence  of  making  service  of  s by  force  and  violence, 

5f  said  Anne,  to  take  the  body  of  the  said  ^A^e,  by^iw 

without  her  consent  ^ ^ f fho  said  Olivia,  and  did  then  and 

r “T^X&'SnS^iy “S  -a  •"“  “5a  »'”a‘ “f“‘ 

there  unlawfully  and  wrongiuiiy  » 

the  body  of  said  Anne  in  '"'t""®^  ®;"®=^  j:  j said  Olivia  of  said 

fully  and  wrongfully,  xn  manner  . ’ j jfd  carry  and  remove  the 

voluntary  aid  apd  service  f ^nne,  and  did  carry  a 

A true  Bill.  SAMUEL  DAMAN,  Forman. 

PLINY  MERRICK,  Dut.  Morwy. 


TWO  SERMONS 


KIND  TREATMENT 


AND  ON  THE 


EMANCIPATION  OF  SLAVES. 


PREACHED  AT  MOBILE, 

On  Sunday  the  10th,  and  Sunday  the  17th  of  Alay,  1840. 


WITH  A PREFATORY  STATEMENT. 


ff  i 

/ Au  ^ f t f<  ^ r^'j 

■RVfJ'Pn  Tiy  or  ax  XT  r,  XT  a '<  ' 


<f  'T.'f  rc/ 

BY  GEO.  F.  SIMMONS. 


BOSTON: 


WILLIAM  C 


AND  COMPANY. 


V 


